Continuation of Terms. Upon any Fundamental Change or transfer (and any dissolution following any transfer) referred to in this Article II, this Note shall continue in full force and effect and the terms hereof shall be applicable to the Other Securities and property receivable on the conversion of this Note after the consummation of such Fundamental Change or transfer or the effective date of dissolution following any such transfer, as the case may be, and shall be binding upon the issuer of any other securities, including, in the case of any such transfer, the person acquiring all or substantially all of the properties or assets of the Company, whether or not such person shall have expressly assumed the terms of this Note as provided in Section 2.1(c)(E). In the event this Note does not continue in full force and effect after the consummation of the transaction described in this Article II, then only in such event will the Company's securities and property (including cash, where applicable) receivable by the Holder of this Note be delivered to the Trustee as contemplated by Section 2.1(c)(B).
Appears in 41 contracts
Samples: Consulting Agreement (Elite Data Services, Inc.), Convertible Debenture (Elite Data Services, Inc.), Convertible Debenture (Peer to Peer Network)
Continuation of Terms. Upon any Fundamental Change or transfer (and any dissolution following any transfer) referred to in this Article II, this Note shall continue in full force and effect and the terms hereof shall be applicable to the Other Securities and property receivable on the conversion of this Note after the consummation of such Fundamental Change or transfer or the effective date of dissolution following any such transfer, as the case may be, and shall be binding upon the issuer of any other securities, including, in the case of any such transfer, the person acquiring all or substantially all of the properties or assets of the Company, whether or not such person shall have expressly assumed the terms of this Note as provided in Section 2.1(c)(E). In the event this Note does not continue in full force and effect after the consummation of the transaction described in this Article II, then only in such event will the Company's ’s securities and property (including cash, where applicable) receivable by the Holder of this Note be delivered to the Trustee as contemplated by Section 2.1(c)(B).
Appears in 11 contracts
Samples: Convertible Debenture (Caro Holdings Inc.), Convertible Debenture (Caro Holdings Inc.), Convertible Debenture (Caro Holdings Inc.)
Continuation of Terms. Upon any Fundamental Change or transfer (and any dissolution following any transfer) referred to in this Article IIArticle, this Note shall continue in full force and effect and the terms hereof shall be applicable to the Other Securities any other securities and property receivable on the conversion of this Note after the consummation of such Fundamental Change or transfer or the effective date of dissolution following any such transfer, as the case may be, and shall be binding upon the issuer of any other securities, including, in the case of any such transfer, the person acquiring all or substantially all of the properties or assets of the Company, whether or not such person shall have expressly assumed the terms of this Note as provided in Section 2.1(c)(E3(c). In the event this Note does not continue in full force and effect after the consummation of the transaction described in this Article IISection 3, then only in such event will the Company's ’s securities and property (including cash, where applicable) receivable by the Holder of this Note the Notes be delivered to the Trustee as contemplated by Section 2.1(c)(B3(b).
Appears in 6 contracts
Samples: Common Stock Purchase Warrant (STW Resources Holding Corp.), Common Stock Purchase Warrant (STW Resources Holding Corp.), Common Stock Purchase Warrant (STW Resources Holding Corp.)
Continuation of Terms. Upon any Fundamental Change or transfer (and any dissolution following any transfer) referred to in this Article II, this Note Debenture shall continue in full force and effect and the terms hereof shall be applicable to the Other Securities and property receivable on the conversion of this Note Debenture after the consummation of such Fundamental Change or transfer or the effective date of dissolution following any such transfer, as the case may be, and shall be binding upon the issuer of any other securities, including, in the case of any such transfer, the person acquiring all or substantially all of the properties or assets of the Company, whether or not such person shall have expressly assumed the terms of this Note Debenture as provided in Section 2.1(c)(E). In the event this Note Debenture does not continue in full force and effect after the consummation of the transaction described in this Article II, then only in such event will the Company's securities and property (including cash, where applicable) receivable by the Holder of this Note Debenture be delivered to the Trustee as contemplated by Section 2.1(c)(B).
Appears in 5 contracts
Samples: Debenture Agreement (Thinspace Technology, Inc.), Convertible Debenture (Thinspace Technology, Inc.), Convertible Debenture (Thinspace Technology, Inc.)
Continuation of Terms. Upon any Fundamental Change or transfer (and any dissolution following any transfer) referred to in this Article IISection, this Note Warrant shall continue in full force and effect and the terms hereof shall be applicable to the Other Securities any other securities and property receivable on the conversion exercise of this Note Warrant after the consummation of such Fundamental Change or transfer or the effective date of dissolution following any such transfer, as the case may be, and shall be binding upon the issuer of any other securities, including, in the case of any such transfer, the person acquiring all or substantially all of the properties or assets of the Company, whether or not such person shall have expressly assumed the terms of this Note Warrant as provided in Section 2.1(c)(E9(d). In the event this Note Warrant does not continue in full force and effect after the consummation of the transaction described in this Article IISection, then only in such event will the Company's ’s securities and property (including cash, where applicable) receivable by the Holder of this Note the Warrants be delivered to the Trustee as contemplated by Section 2.1(c)(B9(b).
Appears in 4 contracts
Samples: Warrant Agreement (China Agri-Business, Inc.), Warrant Agreement (China Agri-Business, Inc.), Common Stock Purchase Warrant (China Agri-Business, Inc.)
Continuation of Terms. Upon any Fundamental Change or transfer (and any dissolution following any transfer) referred to in this Article IIArticle, this Note shall continue in full force and effect and the terms hereof shall be applicable to the Other Securities any other securities and property receivable on the conversion of this Note after the consummation of such Fundamental Change or transfer or the effective date of dissolution following any such transfer, as the case may be, and shall be binding upon the issuer of any other securities, including, in the case of any such transfer, the person acquiring all or substantially all of the properties or assets of the Company, whether or not such person shall have expressly assumed the terms of this Note as provided in Section 2.1(c)(E2.1(c)(iv). In the event this Note does not continue in full force and effect after the consummation of the transaction described in this Article II, then only in such event will the Company's ’s securities and property (including cash, where applicable) receivable by the Holder of this Note the Notes be delivered to the Trustee as contemplated by Section 2.1(c)(B2.1(c)(ii).
Appears in 4 contracts
Samples: Convertible Note (STW Resources Holding Corp.), Convertible Note Agreement (STW Resources Holding Corp.), Convertible Note Agreement (STW Resources Holding Corp.)
Continuation of Terms. Upon any Fundamental Change or transfer (and any dissolution following any transfer) referred to in this Article II, this Note shall continue in full force and effect and the terms hereof shall be applicable to the Other Securities and property receivable on the conversion of this Note after the consummation of such Fundamental Change or transfer or the effective date of dissolution following any such transfer, as the case may be, and shall be binding upon the issuer of any other securities, including, in the case of any such transfer, the person acquiring all or substantially all of the properties or assets of the Company, whether or not such person shall have expressly assumed the terms of this Note as provided in Section 2.1(c)(E). In the event this Note does not continue in full force and effect after the consummation of the transaction described in this Article II, then only in such event will the Company's securities and property (including cash, where applicable) receivable by the Holder of this Note the Notes be delivered to the Trustee as contemplated by Section 2.1(c)(B).
Appears in 2 contracts
Samples: Convertible Note (Sanswire Corp.), Convertible Note (Globetel Communications Corp)
Continuation of Terms. Upon any Fundamental Change or transfer (and any dissolution following any transfer) referred to in this Article IIArticle, this Note Warrant shall continue in full force and effect and the terms hereof shall be applicable to the Other Securities any other securities and property receivable on the conversion exercise of this Note Warrant after the consummation of such Fundamental Change or transfer or the effective date of dissolution following any such transfer, as the case may be, and shall be binding upon the issuer of any other securities, including, in the case of any such transfer, the person acquiring all or substantially all of the properties or assets of the Company, whether or not such person shall have expressly assumed the terms of this Note Warrant as provided in Section 2.1(c)(E4(d). In the event this Note Warrant does not continue in full force and effect after the consummation of the transaction described in this Article IISection, then only in such event will the Company's ’s securities and property (including cash, where applicable) receivable by the Holder of this Note the Warrants be delivered to the Trustee as contemplated by Section 2.1(c)(B4(b).
Appears in 2 contracts
Samples: Warrant Agreement (Trestle Holdings, Inc.), Warrant Agreement (Trestle Holdings, Inc.)
Continuation of Terms. Upon any Fundamental Change or transfer (and any dissolution following any transfer) referred to in this Article II, this Note shall continue in full force and effect and the terms hereof shall be applicable to the Other Securities and property receivable on the conversion of this Note after the consummation of such Fundamental Change or transfer or the effective date of dissolution following any such transfer, as the case may be, and shall be binding upon the issuer of any other securities, including, in the case of any such transfer, the person acquiring all or substantially all of the properties or assets of the Company, whether or not such person shall have expressly assumed the terms of this Note as provided in Section 2.1(c)(E2.1(d)(E). In the event this Note does not continue in full force and effect after the consummation of the transaction described in this Article II, then only in such event will the Company's securities and property (including cash, where applicable) receivable by the Holder of this Note be delivered to the Trustee as contemplated by Section 2.1(c)(B2.1(d)(B).
Appears in 2 contracts
Samples: Convertible Debenture (Qrons Inc.), Convertible Debenture (Biolabmart Inc.)
Continuation of Terms. Upon any Fundamental Change or transfer (and any dissolution following any transfer) referred to in this Article IISection, this Note Warrant shall continue in full force and effect and the terms hereof shall be applicable to the Other Securities any other securities and property receivable on the conversion exercise of this Note Warrant after the consummation of such Fundamental Change or transfer or the effective date of dissolution following any such transfer, as the case may be, and shall be binding upon the issuer of any other securities, including, in the case of any such transfer, the person acquiring all or substantially all of the properties or assets of the Company, whether or not such person shall have expressly assumed the terms of this Note Warrant as provided in Section 2.1(c)(E8(d). In the event this Note Warrant does not continue in full force and effect after the consummation of the transaction described in this Article IISection, then only in such event will the Company's ’s securities and property (including cash, where applicable) receivable by the Holder of this Note be delivered to the Trustee as contemplated by Section 2.1(c)(B8(b).
Appears in 1 contract
Samples: Warrant Agreement (Yi Xin International Copper, Inc.)
Continuation of Terms. Upon any Fundamental Change or transfer (and any dissolution following any transfer) referred to in this Article II, this Note shall continue in full force and effect and the terms hereof shall be applicable to the Other Securities any other securities and property receivable on the conversion of this Note after the consummation of such Fundamental Change or transfer or the effective date of dissolution following any such transfer, as the case may be, and shall be binding upon the issuer of any other securitiessecurities and property, including, in the case of any such transfer, the person acquiring all or substantially all of the properties or assets of the Company, whether or not such person shall have expressly assumed the terms of this Note as provided in Section 2.1(c)(E2.1(c)(iv). In the event this Note does not continue in full force and effect after the consummation of the transaction described in this Article II, then only in such event will the Company's ’s securities and property (including cash, where applicable) receivable by the Holder of this Note the Notes be delivered to the Trustee as contemplated by Section 2.1(c)(B2.1(c)(ii).
Appears in 1 contract
Samples: Convertible Note Agreement (Yi Xin International Copper, Inc.)